Search Options
Judgment Advanced Search
Displaying 461-480 of 1543 results.
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......stated in the case of Begum Abdul Karim, in 21 D.L.R. (SC), 1. Hamoodur Rahman, J has followed the line that was given by Cornelius, C. J. in Gholam Jilani's Case and concluded by saying that the onus shifts upon the respondents under section 106 of the Evidence Act to justify the dete..Category: Criminal Law | Date: | Hits: 1
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... should be quashed for the ends of justice. 5. Mr. S. M. Huq, the learned Advocate appearing on behalf of the complainant opposite party submitted that the complaint petitioner has established a prima fade case under section 406 B.P.C against the petitioners and the learned Magistrate...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ..Category: Criminal Law | Date: | Hits: 1
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Defendant Opposite-Parties Judgment March 29, 2006. Result: The Rule is discharged. In order to get an injunction the applicant has to show that she has a prima-facie case to go to the trial and if no injunction is granted that would cause irreparable los......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Defendant Opposite-Parties Judgment March 29, 2006. Result: The Rule is discharged. In order to get an injunction the applicant has to show that she has a prima-facie case to go to the trial and if no injunction is granted that would cause irreparable loss and ......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ..Category: Procedural Law | Date: | Hits: 26
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....tion of witnesses is to decide as to the complicity of the accused-petitioner in the commission of the offence. He finally submits that the police after completion of the investigation having found a prima facie case alleging cognizable offence submitted charge sheet against the accused-petitioners ......f witnesses is to decide as to the complicity of the accused-petitioner in the commission of the offence. He finally submits that the police after completion of the investigation having found a prima facie case alleging cognizable offence submitted charge sheet against the accused-petitioners and th......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....they became inimical to Abdul Motlib (uncle of the informant) and accordingly, in a pre-arranged plan they committed the crime. 4. Police after completion of the usual inÂvestigation having found prima facie case against the accused persons namely, 1) MoinÂuddin, 2) Mofizuddin, 3) Mostaque Ahme......ecame inimical to Abdul Motlib (uncle of the informant) and accordingly, in a pre-arranged plan they committed the crime. 4. Police after completion of the usual inÂvestigation having found prima facie case against the accused persons namely, 1) MoinÂuddin, 2) Mofizuddin, 3) Mostaque Ahmed alia......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ..Category: Criminal Law | Date: | Hits: 24
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......SC) 1359. We find that the facts of those cases are quite distinguishable from the facts of the instant case and are not applicable to the presÂent case. 29. From the forgoing discussion it is ex-facie clear that all the bills of the petitioner's company have already been settled long before, th......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ..Category: Alternative Dispute Resolution | Date: | Hits: 96
Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)
....duced a belief in the mind of the prosecutrix that she is lawfully married to him by preÂsenting her new wearing apparels, distributing sweets and developed carnal relationship with her disclosing a prima-facie case of an offence under section 493 of the Penal Code. So the proceedings cannot be qua......a belief in the mind of the prosecutrix that she is lawfully married to him by preÂsenting her new wearing apparels, distributing sweets and developed carnal relationship with her disclosing a prima-facie case of an offence under section 493 of the Penal Code. So the proceedings cannot be quashed. ......ve the Rule is disÂcharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ..Category: Criminal Law | Date: | Hits: 126
....rpetual injunction, possession is the paramount consideration. In the present case, the plaintiffs’ claim of title is backed by two registered sale deeds by which they have been able to prove their prima facie title to the suit land. Admittedly they were in possession of the suit land, but the Cou......l injunction, possession is the paramount consideration. In the present case, the plaintiffs’ claim of title is backed by two registered sale deeds by which they have been able to prove their prima facie title to the suit land. Admittedly they were in possession of the suit land, but the Courts be......above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 57
....e general public. PlainÂtiffs' prayer was opposed. The learned SubÂordinate Judge on hearing the parties and on consideration of their respective cases became of the view that the plaintiffs had no prima facie case and that plaintiffs' loss, if any, could be only pecuniary and rejected plaintiffs'......ral public. PlainÂtiffs' prayer was opposed. The learned SubÂordinate Judge on hearing the parties and on consideration of their respective cases became of the view that the plaintiffs had no prima facie case and that plaintiffs' loss, if any, could be only pecuniary and rejected plaintiffs' praye......
In the result, the appeal is dismissed and the Rule is discharged without any order as to costs.
Chowdhury ATM Masud J.- I agree.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 293.
..
Category: Civil Law | Date: | Hits: 124
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....ly illegal, but it raises the ability of this particular judge to try a case and about his possessing elemenÂtary knowledge of laws that are applicable in most of the Civil proceedings. 25. When, prima facie the entire alleged transÂaction itself is contrary to the specific provisions of law, n......so contrary to the princiÂples of law that no title or interest in any property can be passed without any consideration (except in the case of gift or inheritance). As such, the impugned order is ex facie illegal and is liable to be set aside. 20. Besides, it is also a long established princiÂp......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ..Category: Administrative Law | Date: | Hits: 212
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....es in this case. 21. The case of Shamsul Haque and others Vs. Moze Ali Mollah and others (4 BLC, Page-178, Para-9) was referred to by the learned Advocate for the petitioners to make out a case of prima facie correctness of the C.S. and S.A. records, and the consequent presumption of possession o......this case. 21. The case of Shamsul Haque and others Vs. Moze Ali Mollah and others (4 BLC, Page-178, Para-9) was referred to by the learned Advocate for the petitioners to make out a case of prima facie correctness of the C.S. and S.A. records, and the consequent presumption of possession of the ......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......oners submits that the plaintiffs are not the heirs of late Khanto Bibi. She submits that the defendants' definite case was that the plaintiffs were not the heirs of late of Khanto Bibi. Accordingly, onus was heavily upon the plaintiffs to prove that they were the legal heirs of late Khanto Bibi whi..Category: Property Law | Date: | Hits: 52
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......saction. In other words whether defendant Nos.1 and 2 are Benamders of the plaintiff‑petitioner in relation to the purchase of the suit land by kabala dated 23‑4‑59. In a Benami transaction the onus is on the plaintiff to prove that he is the real owner and the purchasers are merely name‑len..Category: Civil Law | Date: | Hits: 59
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... lack of legal evidence; as such the very proceeding will be sheer abuse of the process of the Court causing unnecessary harassÂment of the petitioner in the name of fair trial. In fact, there is no prima facie evidence which can conÂstitute the offence punishable under section 5(2) of Act II 1947......of legal evidence; as such the very proceeding will be sheer abuse of the process of the Court causing unnecessary harassÂment of the petitioner in the name of fair trial. In fact, there is no prima facie evidence which can conÂstitute the offence punishable under section 5(2) of Act II 1947. In s......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ..Category: Procedural Law | Date: | Hits: 59
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....he drawer at the time the cheque is issued in a material test and if it appears from the circumstances of the drawer that he did not expect that the cheque would be cashed in normal case, it would be prima facie proof of the intention to cheat." 29. We need to further mention that in relation to ......wer at the time the cheque is issued in a material test and if it appears from the circumstances of the drawer that he did not expect that the cheque would be cashed in normal case, it would be prima facie proof of the intention to cheat." 29. We need to further mention that in relation to a dish......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ..Category: Criminal Law | Date: | Hits: 66
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....tigation, he visited the place of occurrence, recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure, prepared sketch map with separate index thereof and finding prima facie case established submitted charge sheet No.100 dated 12.02.1999. The sketch map and inde......on, he visited the place of occurrence, recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure, prepared sketch map with separate index thereof and finding prima facie case established submitted charge sheet No.100 dated 12.02.1999. The sketch map and index are ......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..Category: Criminal Law | Date: | Hits: 77
....ptual relationship to this legal doctrine. Under the Roman law these resources were either owned by no one (res nullious) or by everyone in common (res communious).
69. The Public Trust Doctrine primarily rests on the principle that certain resources like air, sea, waters and the forests have s......red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J.
I agree with the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
...... such form and manner showing the particulars of all lands held by him/it, and he/it chooses to surrender excess land to the Government in accordance with Article 6 of P.O. 98 of 1972;
(xxv) The onus as to whether any person/body/company/firm holds land not exceeding one hundred standard bighas..
Category: Environmental Law | Date: | Hits: 434
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
....e parties are necessary to be adjudicated at the time of trial. When the police officer collected materials and submitted charge sheet against the accused-petitioner with others, there is obviously a prima-facie case attracting offence and as such, the Rule is liable to be discharged. 6. On perus......ies are necessary to be adjudicated at the time of trial. When the police officer collected materials and submitted charge sheet against the accused-petitioner with others, there is obviously a prima-facie case attracting offence and as such, the Rule is liable to be discharged. 6. On perusal of ...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ..Category: Criminal Law | Date: | Hits: 62
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....r of plaintiff No.6 and the said Serajul Islam was present at the time of delivery possession of the suit land in favour of DIT; now RAJUK. This court decided that the plaintiffs failed to show their prima facie title to the suit land for the purpose of getting a decree for permanent injunction. The......laintiff No.6 and the said Serajul Islam was present at the time of delivery possession of the suit land in favour of DIT; now RAJUK. This court decided that the plaintiffs failed to show their prima facie title to the suit land for the purpose of getting a decree for permanent injunction. The trial......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ...... it was the duty and responsibility on the part of defendants-petitioners to place Mokabila witnesses on witness box in support of service of summons. Defendant-petitioners, thus, failed to discharge onus of proof that service of summons upon plaintiff-opposite party had been duly and lawfully effec..Category: Property Law | Date: | Hits: 64
90158946842884268424842084108406840083958391839083878377837683748366836483588357